Opportunity Of Being Heard Necessary: Rajasthan HC Asks Tehsildar To Hear The Poultry Farmer Before Ordering Him To Shift His Farm

The Rajasthan High Court recently asked the Tahsildar to hear the poultry farmer before he decides to ask him to shift his farm elsewhere. The observation came from Justice Vinit Kumar Mathur: "A bare perusal of the Annex. 5 dated 09.09.2016 shows that the petitioner has not been extended any opportunity of hearing before passing the notice impugned. This Court feels that since...

Domestic Violence Victim Can Enforce Her Right To Reside In 'Shared Household' Even If She Has Not Actually Lived There: Supreme Court

In a significant judgment today (12 May 2022), the Supreme Court held that a victim of domestic violence can enforce her right to reside in a shared household, irrespective of whether she actually lived in the shared household."Even if an aggrieved person is not in a domestic relationship with the respondent in a shared household at the time of filing of an application under Section 12 of...

Fairness Assured By Article 21 Would Receive A Jolt If Period Of Deprivation Pending Trial Or Disposal Of Appeal Becomes Unduly Long: Delhi High Court

The Delhi High Court has observed that if the period of deprivation pending trial or disposal of criminal appeal becomes unduly long, the fairness assured by Article 21 of the Constitution of India would receive a jolt.Justice Chandra Dhari Singh further added that the delay in disposal of criminal appeals pending in the High Court is matter of serious concern to all those involved in...

Giving Retrospective Effect To A Notification Would Be Patently Unfair And Unreasonable: Gauhati High Court

The High Court of Gauhati recently directed the State government to issue appointment orders to all persons selected pursuant to their last employment advertisement, even though the government had recently issued new advertisement for the same vacancies. Justice Michael Zothankhuma observed that : "The amendment made to the Executive Instructions vide Notification dated 10.04.2018...

Supplementary Agreement Rescinding Arbitration Clause; Whether Agreement Contrary To Law, To Be Decided By Arbitrator: Delhi High Court

The Delhi High Court has held that whether a supplementary agreement between the parties, rescinding the arbitration clause contained in the principal contract, is contrary to law or not in view of taking away the right of a party to invoke arbitration, is required to be decided by the arbitrator himself. The Single Bench of Justice Sanjeev Sachdeva ruled that the disputes raised by...

Mere Filing Of Written Statement Qua An Independent Transaction Would Not Amount To Waiver Of Right To Invoke Arbitration: Delhi High Court

The High Court of Delhi has held that a party cannot be deemed to have waived its right to invoke arbitration merely because it has filed a written statement in respect of disputes that are not covered under the agreement. The Single Bench of Justice Sanjeev Sachdeva held that a suit in respect of a dispute that is not governed by the arbitration agreement is not an impediment to...

Supreme Court Permits E-Rickshaws In Matheran As Pilot Project To Check Feasibility

The Supreme Court, on Thursday, permitted the State of Maharashtra to implement its proposal to introduce a few eco-friendly e-rickshaw in Matheran Eco-sensitive Zone, on an experimental basis, to check its feasibility to replace the hand-pulled rickshaws plying in the area. "...the Government is in consultation with the manufacturers and after a detailed study the State...

'Lawyer Not Criminally Liable For Improper Legal Advice': Calcutta High Court Quashes Criminal Proceedings Against Lawyer

The Calcutta High Court has recently quashed criminal proceedings initiated against a lawyer for providing allegedly false and improper legal advice which was instrumental in sanction of a bank loan to a company which was later declared as Non Performing Asset (NPA) with an outstanding due of Rs. 2.57 crores. Justice Ananda Kumar Mukherjee observed that merely because the lawyer's opinion was...

Husband Initiates Marriage Dissolution Proceedings, Karnataka High Court Asks Him To Pay Wife Rs 25K As Litigation Expenses

The Karnataka High Court recently directed a husband to pay Rs 25,000 as litigation expenses to allow the wife to engage an advocate and to contest the proceedings filed by him seeking dissolution of marriage. A single-judge bench of Justice S G Pandit said,"I deem it proper and appropriate to direct respondent-Husband to pay a sum of Rs.25,000, towards litigation expenses to...

Manipur Extra Judicial Killings Probe : Supreme Court Seeks Status Report From Centre

The Supreme Court on Thursday asked the Union of India to file a status report with regard to investigation into the alleged extra judicial killings in Manipur.The investigation is being carried out by a Special Investigation Team constituted by CBI pursuant to Supreme Court's direction in July 2017.A bench comprising Chief Justice of India NV Ramana, Justice JK Maheshwari and Justice Hima...

Delhi High Court Grants Ex Parte Injunction In Pepsico's Plea Against Liquor Company Using Their Trademark 'Mirinda'

The Delhi High Court recently granted an ex parte injunction in favour of Pepsico against a liquor company allegedly using their mark i.e. Mirinda. A bench of Justice Jyoti Singh observed that Pepsico had successfully made out a prima facie case for an ad-interim injunction since the balance of convenience lies in their favour. : "This Court is of the view that Plaintiffs have made out...

Play Store Payment Policy| Karnataka High Court Temporarily Restrains CCI From Exposing Confidential Information Of Google

The Karnataka High Court on Tuesday temporarily restrained the Competition Commission of India (CCI) from divulging confidential information of Google India Pvt Ltd to the complainant Alliance Of Digital India Foundation till May 25. This is in light of the fact that CCI is currently probing if Google employs anti-competitive measures to require developers distributing their apps through...